[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Rules and Regulations]
[Pages 73937-73939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24003]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD13-05-023]
RIN 1625-AA09


Drawbridge Operation Regulations; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the drawbridge operation 
regulations for bridges on the Willamette River, Oregon. The 
modification will reorganize the text into a more understandable format 
with minor editing of the regulations and change the operating 
regulations for the draw of the Burnside Bridge across the Willamette 
River, mile 12.4, at Portland, Oregon. The change will enable the 
bridge owner to provide single-leaf operation of the Burnside Bridge, 
except during the Rose Festival, to facilitate major structural and 
mechanical rehabilitation of the bridge.

DATES: This rule is effective January 2, 2006.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CG13-05-023] and are available for inspection or 
copying at the Waterways Management Branch between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief, Bridge Section, 
(206) 220-7282.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On August 22, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Willamette River, 
Portland, Oregon'' in the Federal Register (70 FR 48929). We received 
no letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Regulatory Information

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Preliminary analysis indicates 
that most vessel operators will not be inconvenienced by the special 
operations. Large oceangoing vessels do not normally travel this far 
upstream on the Willamette and the majority of recreational vessels can 
pass the drawbridge without an opening. Tugs and tows are the most 
common vessels that would have to proceed with extra caution. There is 
a single frequent user of the drawspan, who agreed to the plan prior to 
publication of the NPRM. The Burnside Bridge is part of a heavily 
traveled commuter arterial that serves downtown Portland.

Background and Purpose

    The operating regulations currently in effect for the drawbridges 
on the Willamette River are at 33 CFR 117.897. The regulations as they 
are currently written are confusing as to which exceptions apply to 
which bridge. The reorganization of the text will enhance and 
facilitate comprehension of the regulations' meaning.
    The rule will enable Multnomah County, the owner of the Burnside 
Bridge, to rehabilitate the structure. The work includes repairing the 
drawbridge mechanism, replacing the concrete deck and repairing 
corroded steel. One side will be disabled throughout the period. The 
operable side will be indicated via Local Notice to Mariners.
    The Burnside Bridge in the closed position provides 65.5 feet of 
vertical clearance above 0.0 datum Corps of Engineers at the center of 
the bascule and 205 feet of horizontal clearance. Drawbridge openings 
are provided on average 40 times monthly for recreational vessels, tugs 
and tows, and floating construction equipment. This averages less than 
twice a day for opening frequency.
    The current regulation provides that the spans need not open for 
the passage of vessels from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. 
Monday through Friday, except New Years Day, Memorial Day, Fourth of 
July, Labor Day, Thanksgiving Day, and Christmas Day. From 8 a.m. to 5 
p.m., Monday through Friday, one hour's notice is required for all 
openings and two hours notice at all other times. The draw operates on 
signal during Rose Festival Week and whenever the river level reaches 
and remains above +12 feet.

[[Page 73938]]

Reorganization of Text

    This rule will permanently reorganize the text of 33 CFR 117.897. 
This reorganization would not significantly alter the substantive 
regulations therein. Currently, the regulation is confusing as to which 
exceptions to normal bridge operations apply to which bridges. This 
permanent change will enhance and facilitate comprehension of the 
regulation. The bridge-specific sound signals will be deleted because 
they have not been used by mariners for years. Therefore, the signal 
shall default to the general sound signal of one prolonged blast 
followed by one short blast found in 33 CFR 117.15.
    The regulations covering the Union Pacific railroad bridge, mile 
84.3, at Salem will be removed because under a bridge permit amendment 
the bridge has been converted to a fixed span and is therefore no 
longer an operating drawbridge.

Change of Burnside Bridge Operating Regulation

    This rule will provide Multnomah County the opportunity to provide 
much needed maintenance by allowing it to operate only one leaf instead 
of two. During Rose Festival double-leaf openings will be provided. 
Recreational vessels should be able to easily pass safely through a 
single-leaf opening. Most recreational vessels do not require an 
opening of the draw. Tugs and tows may experience greater difficulty 
because of winds, currents, loading, etc. The bridge owner is offering 
an assist tug for such vessels if 4-hour notice is given for this 
assistance. This offer is not embodied in this rule.
    Preliminary analysis indicates that most vessel operators will not 
be inconvenienced by the special operations. Large oceangoing vessels 
do not normally travel this far upstream on the Willamette and the 
majority of recreational vessels can pass the drawbridge without an 
opening. Tugs and tows are the most common vessels that would have to 
proceed with extra caution. There is a single frequent user of the 
drawspan. The Burnside Bridge is part of a heavily traveled commuter 
arterial that serves downtown Portland.

Discussion of Comments and Changes

    No comments or letters were received in response to the NPRM. No 
changes to the proposed regulation were made.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security.
    The Coast Guard expects minimal impact from this rule because most 
vessels will be able to safely pass through a single-leaf opening 
without tug assistance.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities. If you think that your business, organization, or 
governmental jurisdiction qualifies as a small entity and that this 
rule would have a significant economic impact on it, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and how 
and to what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Austin Pratt, Chief, Bridge 
Section, at (206) 220-7282. The Coast Guard will not retaliate against 
small entities that question or complain about this rule or any policy 
or action of the Coast Guard.

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action''

[[Page 73939]]

under Executive Order 12866 and is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. The 
Administrator of Information and Regulatory Affairs has not designated 
this as a significant energy action. Therefore, it does not require a 
Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation. There are no expected environmental consequences of the 
action that would require further analysis and documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Revise section 117.897 to read as follows:


Sec.  117.897  Willamette River.

    (a) The draws of the Union Pacific railroad bridge, mile 119.6 at 
Albany; and mile 164.3 near Harrisburg, need not open for the passage 
of vessels. However the draws shall be returned to operable condition 
within six months after notification by the District Commander to do 
so.
    (b) The draw of the Oregon State highway bridge, mile 132.1 at 
Corvallis, shall open on signal if at least seven days notice is given. 
However, the draw need not be opened on Saturdays, Sundays, and Federal 
Holidays.
    (c) The draws of the bridges listed in paragraph (c)(3) of this 
section shall open on signal if appropriate advance notice is given 
subject to the following requirements and exceptions:
    (1) The draws need not open for the passage of vessels from 7 a.m. 
to 9 a.m. and 4 p.m. to 6 p.m. every Monday through Friday; except that 
on New Year's Day, Memorial Day, Fourth of July, Labor Day, 
Thanksgiving Day, and Christmas Day, the draws shall open in accordance 
with the notice requirements of paragraph (c)(3) below.
    (2) During Rose Festival Week or when the water elevation reaches 
and remains above +12 feet, no advance notice is required to request 
opening, except during the normal closed periods in (c)(1) above.
    (3)(i) Broadway Bridge, Portland, mile 11.7. No advance notice 
required, however any periods where the draws are not required to be 
opened do not apply to oceangoing vessels of 750 gross tons or over.
    (ii) Steel Bridge (upper deck only), Portland, mile 12.1. From 8 
a.m. to 5 p.m. Monday through Friday, one hour's notice shall be given 
for draw openings. At all other times, two hours notice is required.
    (iii) Burnside Bridge, Portland, mile 12.4. Only single-leaf 
openings will be provided, except that double-leaf openings will be 
provided during Rose Festival. From 9 a.m. to 4 p.m. Monday through 
Friday notice at least one hour in advance shall be given for draw 
openings. At all other times, notice at least two hours in advance is 
required.
    (iv) Morrison Bridge, Portland, mile 12.8, from 8 a.m. to 5 p.m. 
Monday through Friday, one hour's notice shall be given for draw 
openings. At all other times, two hours notice is required.
    (v) Hawthorne Bridge, Portland, mile 13.1, no advance notice 
required.

    Dated: December 5, 2005.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 05-24003 Filed 12-13-05; 8:45 am]
BILLING CODE 4910-15-P